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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi good day

تم تقييم هذه الإجابة:
Hi good day
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai silicon oasis
Lawyer's Assistant: Has anything been filed or reported?
I just want to seek for legal advice
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I'm a housemaid and I don't like to work here anymore at my employer because they always get mad at me and I'm feeling nervous when they are mad and they imprisoned me here.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that Referring to the domestic workers' law, this is illegal and the care shall be at the time specified in the contract. The law stipulates that:
Article (7)
The contract of employment shall include the names of the parties, the place of work, the date of its conclusion, the date of commencement of employment, the type and length of the contract, the amount of the total wage, the method of payment, the permitted leave of the worker, the period of experience, the rest periods and the conditions that may result in the termination of the contract, Other conditions required by the nature of the work, and are contained in the contract form approved by the Ministry.
In all cases, the duration of the first contract shall not exceed two years and may be renewed for other periods by mutual agreement
Article (12)
1. The worker shall have the right to a weekly rest day at a comprehensive wage in accordance with the executive regulations of this law. He may be employed on his weekly rest day, in which case he shall have the right to an alternative day of rest or a cash allowance instead of equivalent to the comprehensive wage for that day.
2. The executive regulations of this Law shall regulate working and rest times so that the daily comfort of the worker shall not be less than twelve hours per day, provided that at least eight continuous hours
Article (13)
1. The worker is entitled to annual leave of 30 days for each year, and shall be paid before the date of the employment. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. If the working conditions require that the worker be employed during all or some of his annual leave, and the period of leave during which he worked for the following year is not transferred, the employer must pay his wages plus A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. He shall enter into account the period of annual leave granted to the worker on the holidays prescribed by law, agreement or any other periods due to sickness if they interfere with such leave.
3. Subject to the provisions of Article (7) of this Law, in the case of renewing the employment contract, the worker may collect the accrued leave for more than two years and obtain it collected.
4. The employer shall bear the value of the worker's ticket to and return from his country every two years, or the cash allowance equal to the two-year pay for the worker, in addition to the value of the ticket if the worker shows his desire to continue the work and not to take the leave.
5. If the employment contract is terminated or has been terminated by one of its parties without the employee having obtained his annual leave, the worker is entitled to a monetary allowance equal to the number of days of leave due to him. The wage shall be calculated in his category at the time of the leave, unless the failure to obtain leave is due For the employer, the wage shall be calculated, in this case, by its category at the time of its expiry.
Article (15)
The employer shall abide by the obligations stipulated in the contract of employment and its annexes, in addition to the following:
1. Provide the required work performance requirements
2. Creating a decent place to live the worker.
3. Provide the worker with meals and clothing suitable for the performance of the work as long as he works full-time and not the temporary operating system, unless otherwise agreed.
4. To bear the cost of medical treatment for the worker in accordance with the health system in force in the State
5. Treatment of the worker as a good treatment to preserve his dignity and integrity of his body.
6. The worker shall not be employed by third parties except in accordance with the conditions and conditions stipulated in the executive regulations of this law. And not to employ any worker unless he is licensed to work in accordance with the provisions of this law and its executive regulations.
7. Payment of the necessary compensation resulting from occupational injuries and occupational diseases in accordance with the compensation schedules attached to the Law on the Regulation of Labor Relations in force, unless the insurance company pays such compensation.
8. The worker shall not be employed in a profession that is different from the nature of his work, except in his consent and provided that he is one of the professions covered by this law.
9. Guaranteeing the worker's right to keep his / her own identity documents.
10. Grant the heirs of the deceased worker during the service the comprehensive wage for the month in which he died, and any other entitlements to the worker.
11. He shall not charge, by himself or by his intermediaries, any sums or any remuneration, unless provided for in this Law, by the Regulations or by the contract form approved by the Ministry.
12. To notify the Ministry of any breach of the worker by the provisions of the applicable legal regulations, and the employer shall comply with what the Ministry requires in these cases.
** So you can go to the Labor Ministry and submit a complaint to this matter, if you can prove the violation you can leave work with all your rights and may give permission to change the employer without NOC from the sponsor
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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